EUROPEAN GROUPINGS OF TERRITORIAL COOPERATION (EGTC): A NEW PUBLIC ADMINISTRATION OF EUROPEAN COMMUNITY LAW? SOME PROBLEMS
Keywords:
European Grouping of Territorial Cooperation. Community Law.Abstract
ABSTRACT Notwithstanding the existence of a share framework, applicable to every Member State, The European groupings of territorial cooperation (EGTC), created by Regulation (EC) No. 1082/2006, adopt diverse features in each of them. As regard those established in Spain, they are considered public administrations. Their regime is not free from difficulties, whatsoever. Particular attention deserve the following: its legal personality (of a ‘public’ nature, as far as Spain is concerned); the public control (by the Spanish competent public authorities) on their establishment and proceedings, both as to their legality, and expediency; and the assumption by the EGTC of tasks and competences of a public nature, despite the provisions of the said Regulation. As a consequence of their similarity with the «consorcios», the law governing the latter is also subsidiary as regards the EGTC established in Spain. Nevertheless, both are different, and the new EGTC do not imply a modification of the existing «consorcios» of a conventional origin for cooperation across borders.Downloads
Published
2009-01-29
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